Petitioner is the accused in Crime No.25 of 2014 of the Nileshwar Excise Range Office for the offence punishable under Section 8(1) & (a) of the Abkari Act for the alleged transportation and possession of 10 litres of arrack on 01.05.2014, is in custody since then and seeks bail. 2. Learned Public Prosecutor submitted that the petitioner is not reported to be involved in any other case.
3. Having regard to the circumstances of the case I am inclined to grant relief but subject to conditions and from a future date as investigation is not completed.
Application is disposed allowed as under:
Petitioner is granted bail in Crime No.25 of the Excise Range Office, Nileshwar and shall be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned jurisdictional and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate until committal if any, and thereafter before the learned Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
It is directed that since the investigation is not completed this order granting bail will take effect only with effect from 06.06.2014.
THOMAS P. JOSEPH, JUDGE.
vsv